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convertible virtual currency any Virtual Currency or Virtual Goods except as expressly set forth in this Agreement or with Licensor’s prior written consent.
Special Features, including content otherwise unavailable without a single-use serial code, are not transferrable to another person under any circumstances,
and Special Features may cease functioning if the original installation copy of the Software is deleted or the pre-recorded copy is unavailable to the user. The
Software is intended for private use only. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER ANY PRE-RELEASE COPIES OF THE SOFTWARE.
TECHNICAL PROTECTIONS: The Software may include measures to control access to the Software, control access to certain features or content, prevent
unauthorized copies, or other wise attempt t o prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Such measures may
include incorporating license management, product activation, and other security technology in the Software and monitoring usage, including, but not limited
to, time, date, access, or other controls, counters, serial numbers, and/or other security devices designed to prevent the unauthorized access, use, and copying
of the Software, or any portions or components thereof, including any violations of this Agreement. Licensor reserves the right to monitor use of the Software
at any time. You may not interfere with such access control measures or attempt to disable or circumvent such security features, and if you do, the Software
may not function properly. If the Software permits access to Special Features, only one copy of the Software may access those Special Features at one time.
Additional terms and registration may be required to access online services and to download Software updates and patches. Only Software subject to a valid
license can be used to access online services, including downloading updates and patches. Except as otherwise prohibited by applicable law, Licensor may
limit, suspend, or terminate the license granted hereunder and access to the Software, including, but not limited to, any related services and products, at any
time without notice for any reason whatsoever.
USER CREATED CONTENT: The Sof tware may allow y ou to create c ontent, inc luding , but not l imited to, a ga meplay m ap, scenari o, scre enshot , car design, item,
or video of your game play. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright
int eres t, you he reby gr ant Li cens or an excl usive , perp etual , irre vocab le, fu lly tran sfer able, a nd sub -lic ensab le wor ldwi de righ t and lic ense t o use yo ur cont ribu tions
in any way and for any purpose in connection with the Software and related goods and services, including, but not limited to, the rights to reproduce, copy, adapt,
modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute
your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by
applicable laws and international conventions. You hereby waive and agree never to assert any moral rights of paternity, publication, reputation, or attribution
with respect to Licensor ’s and other players’ use and enjoyment of such assets in connection with the Software and related goods and services under applicable
law. This license grant to Licensor, and terms above regarding any applicable moral rights, will survive any termination of this Agreement.
INTERNET CONNECTION: The Software may require an internet connection to access internet-based features, authenticate the Software, or perform other
functions.
USER ACCOUNTS: In order to use the Software or a software feature, or for certain features of the Software to operate properly, you may be required to have
and maintain a valid and active user account with an online service, such as a third-party gaming platform or social network account (“Third-Party Account”),
or an account with Licensor or a Licensor affiliate, as set forth in the Software documentation. If you do not maintain such accounts, then certain features of the
Software may not operate or may cease to function properly, either in whole or in part. The Software may also require you to create a Software-specific user
account with Licensor or a Licensor affiliate (“User Account”) in order to access the Software and its functionality and features. Your User Account log-in may
be associated with a Third-Party Account. You are responsible for all use and the security of your User Accounts and any Third-Party Accounts that you use to
access and use the Software.
VIRTUAL CURRENCY AND VIRTUAL GOODS
If th e Sof twa re allo ws you to p urch ase and /or ear n thoug h play a l icens e to us e Vir tual Cu rrenc y and Vi rtu al Good s, the f ollow ing ad ditio nal ter ms and c ondit ions a pply.
VIRTUAL CURRENCY & VIRTUAL GOODS: The Software may enable users to (i) use fictional virtual currency as a medium of exchange exclusively within
the Software (“Virtual Currency” or “VC”) and (ii) gain access to (and certain limited rights to use) virtual goods within the Software (“Virtual Goods” or “VG”).
Regardless of the terminology used, VC and VG represent a limited license right governed by this Agreement. Subject to the terms of and compliance with this
Agreement, Licensor hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use VC and VG obtained by you for
your personal non-commercial gameplay exclusively within the Software. Except as otherwise prohibited by applicable law, VC and VG obtained by you are
licensed to you, and you hereby acknowledge that no title or ownership in or to VC and VG is being transferred or assigned hereunder. This Agreement should
not be construed as a sale of any rights in VC and VG.
VC and VG do not have an equivalent value in real currency and do not act as a substitute for real currency. You acknowledge and agree that Licensor may revise
or take action that impacts the perceived value of or purchase price for any VC and/or VG at any time except as prohibited by applicable law. VC and VG do not
incur fees for non-use; provided, however, that the license granted hereunder to VC and VG will terminate in accordance with the terms and conditions of this
Agreement and the Software documentation, when Licensor ceases providing the Software, or this Agreement is otherwise terminated. Licensor, in its sole
discretion, reserves the right to charge fees for the right to access or use VC or VG and/or may distribute VC or VG with or without charge.
EARNING& PURCHASING virtual currency and virtual goods: You may have the ability to purchase VC or to earn VC from Licensor for the completion of certain
activities or accomplishments in the Software. For example, Licensor may provide VC or VG upon the completion of an in-game activity, such as attaining a new
level, completing a task, or creating user con tent. Once obtained, VC and/or VG will be credit ed to your User Acco unt. You may purchase VC and VG only within the
Sof tw are, or t hrough a p lat form, p art icipa ting thi rd-p art y onlin e store , appli cati on stor e, or oth er sto re auth orize d by Lice nsor (al l refer red to h erein as “ Sof twar e
Store”). Purchase and use of in-game items or currency through a Software Store are subject to the Software Store’s governing documents, including but not
limited to, the Terms of Service and User Agreement. This online service has been sublicensed to you by the Software Store.GF Licensor may offer discounts
or promotions on the purchase of VC, and such discounts and promotions may be modified or discontinued by Licensor at any time without notice to you. Upon
completing an authorized purchase of VC from an Application Store, the amount of purchased VC will be credited to your User Account. The Licensor shall
establish a maximum amount you may spend to purchase VC per transaction and/or per day, which may var y depending on the associated Software. Licensor, in
its sole discretion, may impose additional limits on the amount of VC you may purchase or use, how you may use VC, and the maximum balance of VC that may be
credited to your User Account. You are solely responsible for all VC purchases made through your User Account regardless of whether or not authorized by you.
BALANCE CALCULATION: You can access and view your available VC and VG in your User Account when logged into your User Account. Licensor reserves the
rig ht, in it s sole d iscre tion , to make al l calcu lati ons reg ardin g the avai lable V C and VG in y our Use r Accou nt. Li censo r fur ther re ser ves the r ight, i n its so le disc reti on,
to determine the amount of and manner in which VC is credited and debited from your User Account in connec tion with your purchase of VG or for other purposes.
While Licensor strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Licensor’s determination of
the available VC and VG in your User Account is final, unless you can provide documentation to Licensor that such calculation was or is intentionally incorrect.
USING VIRTUAL CURRENCY AND VIRTUAL GOODS: All purchased in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the
course of gameplay according to the game’s rules applicable to currency and goods, which may vary depending on the associated Software. VC and VG may only
be used within the Software, and Licensor, in its sole discretion, may limit use of VC and/or VG to a single game. The authorized uses and purposes of VC and VG
may change at any time. Your available VC and/or VG as shown in your User Account will be reduced each time you use VC and/or VG within the Software. The use
of any VC and/or VG constitutes a demand against and withdrawal from your available VC and/or VG in your User Account. You must have sufficient available VC
and/or VG in y our User A ccount in order to c omplete a tr ansac tion within t he Sof tware. VC and/or VG in your User A ccoun t may be red uced wi thout n otice upon the
occ urren ce of ce rtai n event s relat ed to you r use of th e Softwa re: For ex ample, y ou may los e VC or VG up on the lo ss of a gam e or the death of your c harac ter. You a re
responsible for all uses of VC and/or VG made through your User Account, regardless of whether or not authorized by you. You must notif y Licensor immediately
upon discovering the unauthorized use of any VC and/or VG made through your User Account by submitting a support request
NON-REDEEMABLE: VC and VG may only be redeemed for in-game goods and services. You may not sell, lease, license, or rent VC or VG, convert them into
convertible VC. VC and VG may only be redeemed for in-game goods or services and are not redeemable for any sum of money or monetary value or other goods
fro m Licen sor or an y other p erson o r entit y at any t ime, exc ept as ex press ly provi ded her ein or oth erwise re quire d by appli cable l aw. VC and V G have no c ash valu e,
and neither Licensor nor any other person or entity has any obligation to exchange your VC or VG for anything of value, including, but not limited to, real currency.
NO REFUND: All purchases of VC and VG are final and under no circumstances will such purchases be refundable, transferable, or exchangeable. Except as
prohibited by applicable law, Licensor has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such VC and/or VG as it sees fit in
its sole discretion, and Licensor shall have no liability to you or anyone else for the exercise of such rights.
NO TR ANSFERS: Any transferring, trading, selling, or exchanging of any VC or VG to anyone, other than in game play using the Software as expressly authorized
by Li censo r (“Una uthor ized Trans acti ons”), in cludin g, but no t limit ed to, am ong oth er user s of the S oft ware, i s not san ctio ned by Li censo r and is st rict ly forbi dden.
Licensor reserves the right, in its sole discretion, to terminate, suspend, or modify your User Account and your VC and VG and terminate this Agreement if you
engage in, assist in, or request any Unauthorized Transactions. All users who participate in such activities do so at their own risk and hereby agree to indemnify
and hold harmless Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents from all damages, losses and expenses
arising directly or indirectly from such actions. You acknowledge that Licensor may request that the applicable Application Store stop, suspend, terminate,
discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has
evidence of fraud, violations of this Agreement, violations of any applicable law or regulation, or any intentional act designed to interfere or that otherwise has
the effect of or may have the effec t of inter vening in any way with the operation of the Sof tware. If we believe or have any reason to suspect that you have engaged
in an Unauthorized Transaction, you further agree that Licensor may, in its sole discretion, restrict your access to your available VC and VG in your User Account
or terminate or suspend your User Account and your rights to any VC, VG, and other items associated with your User Account.
LOCATION: VC is only available to customers in certain locations. You may not purchase or use VC if you are not in an approved location.
SOFTWARE STORE TERMS
Thi s Agree ment an d the pro visio n of the So ft ware th rough a ny Sof twar e Store ( inclu ding the p urcha se of VC o r VG) is sub ject to t he addi tiona l term s and con ditio ns
set forth on or in or required by the applicable Software Store and all such applicable terms and conditions are incorporated herein by this reference. Licensor
is not responsible or liable to you for any credit card or bank-related charges or other charges or fees related to your purchase transactions within the Software
or through a Software Store. All such transactions are administered by the Software Store, not Licensor. Licensor expressly disclaims any liability for any such
transactions, and you agree that your sole remedy regarding all transactions is from or through such Software Store.
This Agreement is solely between you and Licensor, and not with any Software Store. You acknowledge that the Software Store has no obligation to furnish any
main tenan ce or sup por t ser vices t o you in c onnec tion w ith the S oft ware . Exce pt for th e fore going , to the ma ximum e xten t permi tte d by appl icabl e law, the S oft ware
Store will have no other warranty obligation whatsoever with respect to the Software. Any claim in connection with the Software related to product liability, a
failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual propert y infringement
are governed by this Agreement, and the Software Store is not responsible for such claims. You must comply with the Software Store Terms of Service and any
other Software Store applicable rules or policies. The license to the Software is a non-transferable license to use the Sof tware only on an applicable device that
you own or control. You represent that you are not located in any U.S.-embargoed countries or other geographical areas or on the U.S. Treasury Department’s
list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s list or Entity List. The Software Store is a third-party beneficiary to
this Agreement and may enforce this Agreement against you.
INFORMATION COLLECTION & USAGE
By installing and using the Software, you consent to the information collection and usage terms set forth in this section and Licensor’s Privacy Policy, including
(wh ere appl icabl e) (i) the t rans fer of any p erso nal info rmati on and ot her inf ormat ion to Li censo r, i ts af filiat es, ven dors, a nd busin ess pa rtne rs, and t o cer tain ot her
third parties, such as governmental authorities, in the U.S. and other countries located outside Europe or your home country, including countries that may have
lower standards of privacy protection; (ii) the public display of your data, such as identification of your user-created content or displaying your scores, ranking,
ach ieveme nts, a nd othe r gamepl ay dat a on websi tes an d other p latf orms ; (iii) th e shari ng of your g amepl ay dat a with ha rdwar e manuf actu rers, p lat form ho sts, a nd
Lic ensor ’s m arketi ng partner s; and (i v) other uses and disclosur es of your p erson al infor mation or other information as s pecifi ed in the ab ove-referen ced Privac y
Policy, as amended from time to time. If you do not want your information used or shared in this manner, then you should not use the Software.
For the purposes all data privacy issues, including the collection, use, disclosure, and transfer of your personal information and other information, the Privacy
Policy located at www.take2games.com/privacy, as amended from time to time, takes precedence over any other statement in this Agreement.
WARRANTY
LIMITED WARRANT Y: Licensor warrants to you (if you are the initial and original purchaser of the Sof tware but not if you obtain the pre-recorded Sof tware and
accompanying documentation as a transfer from the original purchaser) that the original storage medium holding the Software is free from defects in material
and workmanship under normal use and ser vice for 90 days from the date of purchase. Licensor warrants to you that the Software is compatible with a personal
com pute r meeti ng the min imum sys tem re quirem ents l iste d in the So ft ware do cument atio n or tha t it has be en cer tifie d by the ga ming uni t prod ucer as c ompa tible